Acórdão nº 97P701 de Supremo Tribunal de Justiça (Portugal), 18 de Dezembro de 1997
Magistrado Responsável | GUIMARÃES DIAS |
Data da Resolução | 18 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART313 ART314 C. CPP87 ART410 N2 B.
Sumário : I - O erro notório na apreciação da prova não pode resultar da mera divergência de qualquer dos sujeitos processuais relativamente ao decidido. II - A convicção do tribunal não pode ser tida por errada apenas, porque as partes, eventualmente, valoram a prova de modo diverso. III - A contradição insanável na fundamentação ocorre, apenas quando se mostram evidenciados factos de sinal contrário, que não podem coexistir na realidade, mas este vício só pode verificar-se se resultar do texto da decisão recorrida. IV - O crime de abuso de confiança verifica-se, quando o arguido recebe...
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